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Public Act 100-0209


 

Public Act 0209 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0209
 
SB0396 EnrolledLRB100 04881 JWD 14891 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-140.10, 11-208, and 11-1516 and by adding Section
11-1517 as follows:
 
    (625 ILCS 5/1-140.10)
    Sec. 1-140.10. Low-speed electric bicycle. A bicycle
equipped with fully operable pedals and an electric motor of
less than 750 watts that meets the requirements of one of the
following classes:
    (a) "Class 1 low-speed electric bicycle" means a low-speed
electric bicycle equipped with a motor that provides assistance
only when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches a speed of 20 miles per
hour.
    (b) "Class 2 low-speed electric bicycle" means a low-speed
electric bicycle equipped with a motor that may be used
exclusively to propel the bicycle and that is not capable of
providing assistance when the bicycle reaches a speed of 20
miles per hour.
    (c) "Class 3 low-speed electric bicycle" means a low-speed
electric bicycle equipped with a motor that provides assistance
only when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches a speed of 28 miles per
hour.
    A "low-speed electric bicycle" is not a moped or a motor
driven cycle.
The term "low-speed electric bicycle" has the same meaning
ascribed to it by Section 38 of the Consumer Product Safety Act
(15 U.S.C. Sec. 2085).
(Source: P.A. 96-125, eff. 1-1-10.)
 
    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
    Sec. 11-208. Powers of local authorities.
    (a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
        1. Regulating the standing or parking of vehicles,
    except as limited by Sections 11-1306 and 11-1307 of this
    Act;
        2. Regulating traffic by means of police officers or
    traffic control signals;
        3. Regulating or prohibiting processions or
    assemblages on the highways; and certifying persons to
    control traffic for processions or assemblages;
        4. Designating particular highways as one-way highways
    and requiring that all vehicles thereon be moved in one
    specific direction;
        5. Regulating the speed of vehicles in public parks
    subject to the limitations set forth in Section 11-604;
        6. Designating any highway as a through highway, as
    authorized in Section 11-302, and requiring that all
    vehicles stop before entering or crossing the same or
    designating any intersection as a stop intersection or a
    yield right-of-way intersection and requiring all vehicles
    to stop or yield the right-of-way at one or more entrances
    to such intersections;
        7. Restricting the use of highways as authorized in
    Chapter 15;
        8. Regulating the operation of bicycles, low-speed
    electric bicycles, and low-speed gas bicycles, and
    requiring the registration and licensing of same,
    including the requirement of a registration fee;
        9. Regulating or prohibiting the turning of vehicles or
    specified types of vehicles at intersections;
        10. Altering the speed limits as authorized in Section
    11-604;
        11. Prohibiting U-turns;
        12. Prohibiting pedestrian crossings at other than
    designated and marked crosswalks or at intersections;
        13. Prohibiting parking during snow removal operation;
        14. Imposing fines in accordance with Section
    11-1301.3 as penalties for use of any parking place
    reserved for persons with disabilities, as defined by
    Section 1-159.1, or veterans with disabilities by any
    person using a motor vehicle not bearing registration
    plates specified in Section 11-1301.1 or a special decal or
    device as defined in Section 11-1301.2 as evidence that the
    vehicle is operated by or for a person with disabilities or
    a veteran with a disability;
        15. Adopting such other traffic regulations as are
    specifically authorized by this Code; or
        16. Enforcing the provisions of subsection (f) of
    Section 3-413 of this Code or a similar local ordinance.
    (b) No ordinance or regulation enacted under subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
    (c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
    (d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
    (e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
    (f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability
on a registered owner or lessee of a vehicle used in such a
violation.
    (g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
    (h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
    (i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.
(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15.)
 
    (625 ILCS 5/11-1516)
    Sec. 11-1516. Low-speed gas bicycles.
    (a) A person may operate a low-speed electric bicycle or
low-speed gas bicycle only if the person is at least 16 years
of age.
    (b) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle at a speed greater than 20 miles per
hour upon any highway, street, or roadway.
    (c) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle on a sidewalk.
    (d) Except as otherwise provided in this Section, the
provisions of this Article XV that apply to bicycles also apply
to low-speed electric bicycles and low-speed gas bicycles.
(Source: P.A. 96-125, eff. 1-1-10.)
 
    (625 ILCS 5/11-1517 new)
    Sec. 11-1517. Low-speed electric bicycles.
    (a) Except as otherwise provided in this Section, the
provisions of this Chapter that apply to bicycles also apply to
low-speed electric bicycles.
    (b) Each low-speed electric bicycle operating in this State
shall comply with equipment and manufacturing requirements
adopted by the United States Consumer Product Safety Commission
under 16 CFR 1512. Each Class 3 low-speed electric bicycle
shall be equipped with a speedometer that displays the speed
the bicycle is traveling in miles per hour.
    (c) Beginning on or after January 1, 2018, every
manufacturer and distributor of low-speed electric bicycles
shall apply a label that is permanently affixed to the bicycle
in a prominent location. The label shall contain, in Arial font
in at least 9-point type:
        (1) a classification number for the bicycle that
    corresponds with a class under Section 1-140.10 of this
    Code;
        (2) the bicycle's top assisted speed; and
        (3) the bicycle's motor wattage.
    No person shall knowingly tamper or modify the speed
capability or engagement of a low-speed electric bicycle
without replacing the label required under this subsection (c).
    (d) A Class 2 low-speed electric bicycle shall operate in a
manner so that the electric motor is disengaged or ceases to
function when the brakes are applied. A Class 1 low-speed
electric bicycle and a Class 3 low-speed electric bicycle shall
operate in a manner so that the electric motor is disengaged or
ceases to function when the rider stops pedaling.
    (e) A person may operate a low-speed electric bicycle upon
any highway, street, or roadway authorized for use by bicycles,
including, but not limited to, bicycle lanes.
    (f) A person may operate a low-speed electric bicycle upon
any bicycle path unless the municipality, county, or local
authority with jurisdiction prohibits the use of low-speed
electric bicycles or a specific class of low-speed electric
bicycles on that path.
    (g) A person may not operate a low-speed electric bicycle
on a sidewalk.
    (h) A person may operate a Class 3 low-speed electric
bicycle only if he or she is 16 years of age or older. A person
who is less than 16 years of age may ride as a passenger on a
Class 3 low-speed electric bicycle that is designed to
accommodate passengers.

Effective Date: 1/1/2018